What is the ruling regarding a husband divorcing his wife by saying, "You are divorced," after an argument, and then claiming lack of awareness or intention, and does the divorce take place in this situation, and what are the conditions for reconciliation?
If the husband is conscious of what he is saying when he pronounces divorce, then his divorce is effective, and the lack of intention does not benefit him, because an explicit divorce takes effect without the need for intention. However, if sorcery has overcome his mind and he was not aware of what he was saying, then the divorce does not take effect. In the event that the divorce does take effect, the husband can reconcile with his wife if this divorce has not been preceded by two previous divorces, and reconciliation must occur before the 'iddah (waiting period) ends (three menstrual cycles, or delivery of the pregnancy, or three months for a woman who does not menstruate). It must be noted that striking one's wife is not permissible except under specific conditions. The cure for sorcery and protection from it have been explained in previous fatwas.
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- 103284
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